Graft raps filed vs JV over San Juan guns

MANILA, Philippines – Upholding its December 2015 decision finding sufficient basis and evidence to elevate the cases to court, the Office of the Ombudsman filed charges of graft and technical malversation of public funds against Sen. Joseph Victor “JV” Ejercito before the Sandiganbayan yesterday.

The charges stemmed from Ejercito’s alleged involvement in the anomalous purchase of high-powered firearms by the city government of San Juan in 2008.

Records of the probe showed that in February 2008, Ejercito requested the San Juan council for authority to purchase high-powered firearms using the city’s calamity fund.

Ejercito, who was mayor at the time, is accused of conspiring with then vice mayor Leonardo Celles together with then city councilors Andoni Carballo, Vincent Pacheco, Angelino Mendoza, Dante Santiago, Rolando Bernardo, Grace Pardines, Domingo Sese, Francis Peralta, Edgardo Soriano, Janna Ejercito-Surla, Franciso Zamora, Ramon Nakpil and Joseph Torralba.

Also indicted were bids and awards committee (BAC) members including then city administrator Ranulfo Dacalos, treasurer Rosalinda Marasigan, city attorney Romualdo de los Santos, city budget officer Lorenza Ching and city engineer Danilo Mercardo.

The Office of the Ombudsman announced that it found probable cause to charge Ejercito and his fellow respondents three months ago.

Denying the motions for reconsideration filed by the accused, the anti-graft agency had affirmed its findings that a crime has been committed.

Ejercito explained during the investigation that the procurement was “an investment for disaster preparedness” and in response, the councilors passed City Ordinance No. 9 (Series of 2008) authorizing the mayor to proceed with the purchase of guns for the San Juan police department.

Records showed that three units of model K2 cal. 5.56 mm submachine gun and 17 units of Daewoo model K1 cal. 5.56 mm submachine gun in the total amount of P2.1 million were bought.

The ombudsman, however, ruled that under DBM-DILG Circular No. 2003-1, high-powered firearms are not among the items contemplated for disaster relief and mitigation.

Investigators said there was a “hasty procurement of specific high-powered firearms of a particular brand sans competitive bidding and without any post-qualification, bolstered by bid documents bearing dates earlier than the publication of the invitation to bid, showing that an unwarranted benefit, advantage and preference” was accorded to the supplier.

Ejercito said that his conscience is clear with regard to the purchase of firearms by the city government of San Juan when he was still its mayor.

Ejercito said that local politics was behind the filing of the complaint against him before the ombudsman, which will now be elevated to the Sandiganbayan.

“It is unfortunate that the Office of the Ombudsman denied my motion for reconsideration on the 2008 case of firearms procurement when I was San Juan City mayor,” Ejercito said.

“My conscience, however, remains clear. I did not commit technical malversation. The firearms purchase was done accordingly within the law, that is why COA (Commission on Audit) cleared us from any disallowance,” he added.

Ejercito said that his lawyer is preparing for the next steps he would take to resolve the case, which he said was “clearly politically motivated.”

“This is connected to the local elections in San Juan,” he said.

Ejercito’s mother, incumbent San Juan Mayor Guia Gomez, is going up against her vice mayor Francisco Zamora, the son of San Juan City Rep. Ronaldo Zamora and one of those accused of technical malversation.

Ombudsman Conchita Carpio-Morales said Ejercito “acted in concert with the members of the city council who authorized him to purchase firearms using the city’s calamity funds, paving the way for the application of public funds for a purpose different from the one for which they were originally appropriated by law.”

Meanwhile, Vice Mayor Zamora claimed the accusations against him and other councillors were baseless.

“It is unfortunate that the ombudsman failed to consider the evidence and decided to deny our motion for reconsideration,” the vice mayor said in a statement. “I am confident, however, that the Sandiganbayan will be fair and just, and will soon clear me and the rest of the city council of San Juan of 2008.”

Zamora said the evidence submitted to the ombudsman, which included the pertinent San Juan City government accounting records, proves that not a single centavo of the calamity fund was disbursed to pay then mayor Ejercito’s gun supplier.

“The funds came from the supplemental budget.  The ombudsman appears to have been impelled by other than the duty to decide with impartiality and only on the basis of the law and the evidence,” he said. – With Marvin Sy